Q: I was in a car accident, the other driver rear ended me and was deemed at-fault by the insurance company.
I’m nearing the statute of limitations and I’m having trouble settling with the insurance company because the chiropractor that I treated with for my injuries never sent in the billings or any medical records to the insurance company. So if I am going to file a lawsuit, do I sue the driver, the insurance policy holder (who is the driver’s father), or their insurance company? Also, can I file two separate lawsuits? One for pain and suffering and a separate one to make sure that the medical bills get paid?
A:
Given that you have so many questions, I would obtain counsel as soon as possible to get a lawsuit filed and preserve your statute of limitations. Even a new member of the Oregon State bar would have difficulty filing a lawsuit and continuing down the litigation process without some mentorship.
Unless your chiropractor is billing an insurance company with your permission, the chiropractor has no obligation to send medical records and bills to the insurance company. Normally, the insurance company bills your insurance company under under the med pay, assuming you have an Oregon policy. They normally do not send medical records and bills to the at-fault insurance company. It is your job or the job of the law firm you hire to send for the medical records and bills and send them to the at-fault insurance adjuster/attorney to negotiate a settlement.
You sue the person that was at-fault for the accident. However, it your auto insurance was billed for medical and did not pay, there may be a basis for going after your own auto insurance as well for not paying your bills. I recommend filing one lawsuit. If you file two lawsuits and settle one, the settlement will likely apply to both suits. It is cleaner and less risk to file one lawsuit.
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